BLOGS

Ensuring a Successful Process for a Physical Therapy/Occupational Expert Review

Every plaintiff or defense legal matter is different but there are basic concepts that are typically analyzed by the reviewing therapist:

• Practice Act for Physical Therapy and Occupational Therapy

• Every state has its own Physical and Occupational Therapy Practice Act which is a statute defining the scope and practice of physical therapy within the jurisdiction, outlining licensing requirements for Physical Therapists and Physical Therapist Assistants, and establishing penalties for violations of the law. The expert reviewer needs to be aware of the state’s individual practice act as different states have different allowances for the scope of practice. 

• Code of Ethics

• The American Physical Therapy Association (APTA) and the American Occupational Therapy Association (AOTA) both have guides to serve physical therapists and occupational therapists in interpreting the code of ethics in matters of professional conduct. The expert reviewer will use these guides to help to interpret matters of professional misconduct.

• Past Medical History

• Reviewing a person’s past medical history and medication history in the documents is critical. A person’s past medical history may determine if there were pre-existing issues that could have affected the way a person was presenting and was subsequently treated in therapy.

• Communication

•  The expert reviewer needs to understand the typical communication pattern that occurs in a specific rehabilitation setting amongst interdisciplinary staff members (acute hospital, outpatient setting, skilled nursing facility etc.) The expert reviewer will determine if adequate communication (e.g., safety protocol, orthopedic protocol, fall risk protocol, vitals protocol) occurred whether it was written verbal or written during the time frame of the incident.  

• Documentation

• The expert reviewer needs to determine if proper documentation occurred by the treating physical/occupational therapist to ensure viable information was communicated and implemented during therapy. The expert reviewer also needs to determine if proper precautions and protocols were implemented and documented by the patient’s team.